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U.S. v. KHIMCHIACHVILI

Docket Nos. 03-1166(L), 03-1219(CON), 03-1237(CON), 03-1318(CON).

372 F.3d 75 (2004)

UNITED STATES of America, Appellee, v. Robert KHIMCHIACHVILI, also known as Prince Robert, also known as Dr. Von Badische; Cesar A. Viana; Christopher Berwick, Defendants, Brian D. Sherry, also known as Colonel Sherry, also known as Major Sherry, also known as Sir Brian Sherry, also known as Prince Brian, also known as Brian Sherry-Berwick, George R. Englert, also known as Dr. Moncrieffe, also known as Baron Moncrieffe, also known as Prince George; Cesar A. Viana; Christopher Berwick, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: June 9, 2004.

Attorney(s) appearing for the Case

Alexander H. Southwell, Assistant United States Attorney, New York, NY, for Appellee (David N. Kelley, United States Attorney for the Southern District of New York and Adam B. Siegel, of counsel, on the brief).

Mark P. Goodman, Debevoise & Plimpton, New York, NY, for Defendant-Appellant George Englert.

Before: OAKES, B.D. PARKER, Circuit Judges, and KORMAN, District Judge.

KORMAN, Chief District Judge.

George Englert appeals from a sentence imposed after his plea of guilty to mortgage fraud, wire fraud, and conspiracy to commit wire fraud. Specifically, he challenges the imposition of a two-level enhancement for obstruction of justice and the consequent denial of a three-level reduction for acceptance of responsibility. We will resolve the appeals of Mr. Englert's co-defendants under separate cover. Here, we consider only whether the...

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